City of Fairfax, Virginia

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1 c,. 1 ; City of Fairfax, Virginia t, r. City Council Regular Meeting ei 4ia kft, 5 Agenda Item# City CP Council Meetin q 1. TO: Honorable Mayor and Members f City Council FROM: SUBJECT: Robert Sisson, City Manager Consideration of a Memorandum of Understanding ( MOU) with Fairfax Policy Youth Club FPYC) for donation to repair the athletic fields at Lanier Middle School. ISSUE( S): Whether to authorize the City Manager to sign a MOU with FPYC for the priority use f Lanier Middle School ( Lanier) athletic fields after all School and City functions as part of their and payment of$ 55, 000 to refurbish the athletic fields at Lanier. SUMMARY: FPYC would like to contribute to the improvement of the athletic fields at Lanier and is committed to making up the financial difference to adequately repair these fields. The C ty Council approved $ 10, 000 in Capital Funds and $ 15, 000 in the Parks Operation General Fund Budget for FY2014. The cost to repair these fields is $90, 000, The City School Board i also committing $ 10, 000 toward the repair. This left a $ 55, 000 shortfall. FPYC will pay the contractor directly for this work. The city is formalizing the agreement to pay these fund an MOU to ensure FPYC will have adequate availability to use these fields after making a significant contribution. onation with This MOU is similar to agreements signed in 2008 with FPYC for Stafford Drive ark and Draper Drive Park. It' s also similar to the MOU signed in 2008 with Fairfax Little L ague for Providence Elementary Field # 3. The MOU will provide the ability scheduling of the field for FPYC use after all school activities and City activities. FISCAL IMPACT: FPYC' s contribution will save future capital funding by $ 55, 000. for FPYC t request RECOMMENDATION: Authorize the City Manager to execute the MOU. ALTERNATIVE COURSE OF ACTION: Take no action. RESPONSIBLE STAFF/ POC: Director of Parks and Recreation COORDINATION: ATTACHMENTS: City Manager, Finance, City Attorney MOU, Support Letter from City School Board, Sample Motion 1

2 l 1 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRFAX, VIRGINIA AND FAIRFAX POLICE YOUTH CLUB, INC. II 4sis is Memorandum of Understanding ( this " MOU") is made this St)" day f 2013, by and between the City of Fairfax, Virginia, a Virginia municip and Fairfax Police Youth Club, Inc., a 501c3 Virginia corporate corporation ( the " City"), FPYC"). The City and FPYC may hereinafter be collectively referred to from time to time the" Parties." WHEREAS, the City is re- constructing School, located on 3801 Jermantown Road in the City(" two ( 2) natural turf fields at Lather Middle Lanier Fields"); and s WHEREAS, FPYC desires to use the Fields, and the City agrees to allow FPYC to use the Fields, FPYC desires to make a contribution to the City towards the cost of re-constructing the Fields, all in accordance with the terms and conditions set forth in this MOU. NOW, THEREFORE, the Parties agree as follows: 1. Recitals. The recitals hereto are incorporated herein by reference. 2. Contributions. FPYC shall pay the following contributions ( the " Contributions,' each a " Contribution") to the City in exchange for priority use of the Fields, which priority us is described in the attached Addendum A: a) Lanier Fields. FPYC shall pay the City of Fairfax the sum of Fifty-Fiv Thousand and No/ 100 Dollars ($ 55, ) in exchange for priority use of the Lather Field. This sum shall be payable as a lump sum of Fifty-Five Thousand and No/ 100 Dollar 55, ) by October 31, 2013 or when final payment by the City of Fairfax to Premie Sports Fields, LLC is due, whichever comes first. b) Commencement of Contributions. Payment of the contribution will be made by October 31, 2013 or when final payment by the City of Fairfax to Premier Sports Fields, LLC is due, whichever comes first. c) Failure to Pay. In the event that any Contribution Payment is not receiv by Premier Sports Fields, LLC on the date when due, and such payment is not received wi thirty (30) days after written notice of such failure to pay has been given to FPYC, the City shal be entitled to suspend this MOU and suspend FPYC' s priority use of the Fields until such time the Contribution Payment is received. Page 1

3 I d) Suspension of Payments. Not applicable. 3. Use of Fields. FPYC shall comply with all applicable laws, rules and regulations in its use of the Fields. Provided that FPYC makes the payments as set forth in this MOU, FPYC shall have priority use of the Fields. Except as set forth herein, scheduling of the Fields shall 1te pursuant to the City' s regulations and policies for the use of athletic fields. 4. Term. The term of this MOU shall commence on the date that construction of tle Fields is completed and the Fields are open for use by the public, as determined by the City ( e Opening Date") and continue until August 21, 2016 ( the " Term"). Notwithstanding t e after foregoing, the end of the Term, FPYC shall be permitted to use the Fields on the s e terms and conditions as other City residents and organizations, and in accordance with applicab e City regulations and policies. by the Parties. 6. Amendments. Any amendment to this MOU must be made in writing and signeid 7. Miscellaneous. This MOU shall be governed in all respects by the laws of e Commonwealth of Virginia. The sections, paragraphs, sentences, clauses and phrases contained in this MOU are severable, and if any phrase, clause, sentence, paragraph or section of this MO is declared unconstitutional or otherwise invalid by a valid judgment or decree of a court f competent jurisdiction, such constitutionality or invalidity shall not affect any of the remainin phrases, clauses, sentences, paragraphs or sections of this MOU. The Parties represent that persons signing below are authorized to execute this MOU on behalf of said Party. 8. Notice. Any notice, instructions, or direction required or permitted or required by this MOU shall be addressed as follows: To the City: To FPYC: City of Fairfax, Virginia Armstrong Street Fairfax, Virginia Attn: Robert L. Sisson, City Manager Fairfax Police Youth Club, Inc. P.O. Box 537 Fairfax, Virginia Attn: President or to such other address or addresses as shall at any time or from time to time be specified by the City or FPYC by written notice to the other. 9. Entire Agreement. This MOU, and any amendment or modification that may hereafter be agreed to in accordance with the provisions herein, constitutes the entire understanding between the Parties with respect to the matters addressed, and supersedes any and all prior understandings and agreements, oral or written, relating hereto. Page 2

4 II III illl 10. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the s instrument. WHEREAS these terms are agreeable to the City and FPYC, and each of the Parties offers its signature as of the date below. e SIGNATURE PAGE FOLLOWS] Page 3

5 THE CITY OF FAIRFAX, VIRGINIA, a Virginia municipal corporation: Robert L. Sisson City Manager Date ATTEST: City Clerk Approved as to form: City Attorney FAIRFAX POLICE YOUTH CLUB, INC. a nonstock Virginia corporation Mark Machen President August 21, 2013 Page 4

6 ADDENDUM A PRIORITY USE OF THE FIELDS AT Lanier Purpose It is the purpose of this Addendum to outline the special use agreement of the two ) natural turf fields at Lanier Middle School (hereinafter referred to as " Lather"). IL III. Background The Parks and Recreation Department along with the City School Board has plane d the re- construction of the two natural turf fields at Lather Middle School). It s understood that due to this partnership, the priority use of Lanier would be set forth ' n this Addendum. Scheduling Priority for Lather Middle School Priority for scheduling use of the Fields for Spring, Summer and Fall seasons will 1, e as follows: II I. City School Activities 2. City of Fairfax events and activities 3. Fairfax Police Youth Club (FPYC) 4. All other user groups approved by the City IV. Usage It is understood that the City of Fairfax Department of Parks and Recreati n hereinafter referred to as the Department) schedules the use and issues the permi s for use of the Fields at Lather. It is further understood and agreed that FPYC have first right of refusal, per the priority set forth above in section lli,of the Fields t Lather for FPYC' s various club sports activities, practices, training sessions, gam s and new start up sports tournaments. Specifically, the following guidelines will e followed for the scheduling of the Fields at Lanier: I. FPYC maintains the first right of refusal for the following tournaments, Libe Cup which is scheduled annually on a March weekend, Father' s Day All-St Tournament which is scheduled annually in June on Father' s Day weekend, the Patriot Cup Labor Day Tournament which is scheduled annually in Septemb r on Labor Day weekend. 2. When FPYC is not using a Field, FPYC will release that time to the Department for other recreational use. 3. FPYC will abide by rules and regulations and fees regarding field use by the Department. li established V. Additional Considerations During times that the Fields at Lanier are scheduled for use by FPYC the followin conditions will be observed: Page 5

7 1. The Department will be responsible for maintenance of the fields ( see addendum B for maintenance schedule) 2. See attached Fee structure in Table 1 below. Fee structure is subject to change by City Council. 3. The Parks and Recreation Department will provide as much notice as possib. e ideally twenty one ( 21) days notice) for any cancellations or changes to FPYC' s schedule. CATEGORY A TURF AND GRASS FIELDS Table 1 Category A-includes games, practices, and scrimmages not Fees associated with any tournament, clinic or camp. Activity Use LEVEL I Less than 3 uses per $ 50 per hour no lights 75 per hour with lights season LEVEL II Over 3 uses per per participant season for ALL groups plus Field Fee f etc- e, Ft im.: d z-, Yi z : Less than 500 users $ 200 Field Fee f , 000 users 100 Field Fee Over 1, 000 users No Field Fee CATEGORY B Category B- camps, clinics and tournaments by any group. Activity Use LEVEL I Fees Less than 3 uses per season 75 per hour no lights 100 per hour with lights LEVEL II Over 3 uses per 1, 500 per season no lights 2, 000 per season with lights season THERE ARE NO FURTHER PROVISIONS TO THIS ADDENDUM A Page 6

8 ADDENDUM B PROPOSED MAINTENACE SCHEDULE LANIER FEBRUARY MARCH Test soil; lime and fertilize according to test results Core aerate& Seed( we won' t need to do this in 2014) LATE MARCH EARLY APRIL Irrigation will be turned on and tested APRIL Fertilize with pre- emergent herbicides for the control of crabgrass LATE MAY Slow-release turf fertilizer with broadleaf weed control AUGUST SEPTEMBER Deep tine aerate with a Seed-a-vator, seed and top- dress with compost( 2014) Fertilize NOVEMBER- DECEMBER Goal mouths that have been worn out will be re- sodded Fertilize Irrigation will be blown out and winterized Overseeding will be done with an athletic field blend of 90% fescue and 10% Kentucky bluegrass at a rate of 4-6#/ 1, 000 sq. ft. Seeded areas between the fields will be covered with turf blankets for this winter The two fields will be covered with turf blankets in the subsequent winters Turf blankets shall remain on the fields from early December to late February weather depending The City of Fairfax will be responsible for supplying sand bags for the soccer goals. FPYC will be responsible for replacing soccer nets, goals, lacrosse nets and goals as necessary will Watering be done 1-3x/ week from April October depending on weather conditions. Irrigation will be tested monthly to make sure all heads are working properly. The City of Fairfax will be responsible for all irrigation maintenance. Mowing will be done 1-2x/week depending on growing conditions and kept to a height of approximately 3 ' A" March-November. We will schedule mowing for Tuesdays& Fridays depending on conditions. Page 7

9 1 parks krecreation City of Fairfax x Parks & Recreation Invoice No Armstrong Street cars or rairrac Fairfax, Virginia fax INVOICE Customer 1 i 1 Name Fairfax Police Yo uth Club Date 8/ 30/ 2013 Address City Phone State ZIP Rep J \ DOB Order No. r RtY_± Description_-_ I Unit Price TOTAL i I $ 1 Contribution toward the cost of re-constructing the 55, , Lanier Middle School Athletic Fields. l I Payment is due October 31, 2013 or when final payment by the City of Fairfax to Premier Sports Fields, LLC is due, whichever comes first. I l E SubTotal! Payment Details Shipping& Handling 0. 0 O Cash Taxes O Check payment_! O Credit Card TOTAL 55, 0004) 0 Name CC# Expires_ Office Use Only i L If you have any questions, please contact Leslie Herman at 703/ or leslie.herman@fairfaxva.gov. 1

10 r City of Fairfax CITY HALL FAIRFAX, VIRGINIA 22011) C701) CITY SCHOOL BOARD September 18, 2013 The Honorable R. Scott Silverthorne Mayor City of Fairfax Armstrong Street Fairfax, VA Dear Mayor Silverthorne: The City of Fairfax Schools takes great pride in maintaining quality buildings and grounds in support of the education and activities of our school children and the greater community at large. In that vein, we support the maintenance of high quality athletic fields, not only for our academic physical education programs, but for the salt use of community based programs. As you are well aware, the cost associated with this maintenance can be high and quality partnerships can serve as a solution. The City of Fairfax School Board is pleased to support the City of Fairfax, in conjunction with the Parks and Recreation Department, in entering into a memorandum of understanding( MOU) with the Fairfax Police Youth Club( FPYC) for their donation of$ 55, 000 toward the maintenance of the athletic fields at Lanier Middle School in exchange for use of the fields for their activities. In addition, the City of Fairfax School Board would also like to support the MOU developed between the Parks and Recreation Department and FPYC for their donation of$ 20, 000 per year to support turf field repairs/ replacement at Fairfax High School. We are confident this donation will ensure a quality location that will provide the City of Fairfax community enjoyment for years to come. We look forward to the City Council' s support for these memorandums of understanding. Sincerely, anic 1Chair M. Miller an cc: City of Fairfax School Board Dr. Peter J. Noonan, Superintendent Michael McCarty, Director, Parks and Recreation Mark Machen, President, FPYC

11 SAMPLE MOTION I MOVE THAT THE CITY MANAGER EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH THE FAIRFAX POLICY YOUTH CLUB (FPYC) FOR DONATION TO REPAIR THE ATHLETIC FIELDS AT LANIER MIDDLE SCHOOL PROVIDED THAT THE AGREEMENT AND ANY AMENDMENTS ARE ACCEPTABLE TO THE CITY MANAGER AND APPROVED AS TO FORM BY THE CITY ATTORNEY.